Residential Security Act (Makko Oko)
| Residential Security Act | |
|---|---|
 | |
| Citation | 2022 c. 17 |
| Enacted by | Emperor Conall Solis |
| Date enacted | July 10th, 2022 |
| Date effective | July 10th, 2022 |
| Related legislation | |
| ID Act | |
| Status: Current legislation | |
The Residential Security Act (c. 17) is an Act of the Monarch of Makko Oko which was decreed on July 10th, 2022 and came into force the same day. The act requires all non-government citizens and visitors to provide accepted reasons to law enforcement officers before they are authorized to leave their city of residence. It also mandates that anybody above the age of 10 obtain and hold a Public Identity Card, established under the statute. The law has been protested by many as an act of corruption, control and as an act of civil rights violations. There have been multiple cases on the RSA, however, it has successfully stood in its original form for years. The RSA was enacted after mass protests in response to the 3rd Revision of the Basic Rights, the nation's Constitution, which converted the Constitution from a document guaranteeing certain rights to not be violated, into a document merely establishing the structure of government.
Legislative History
Prior to considering the RSA, the case of Erma Barrows v. Makko Oko was in progress. When the case concluded with the original presiding judge, Karen Hall, they had ruled in favor of Erma Barrows, and the case was then seized by the Ministry of Justice, one of the rare times a case is seized and audited by them, who ultimately ruled in a majority ruling that minimum wages were legal, even though the Basic Rights at the time had restricted all non-enumerated rights.
Cases
Chapman v. Makko Oko
On February 17th, 2023, private citizen Felix Chapman petitioned the Supreme Court of Makko Oko to hear a lawsuit filed against the government, accusing them of causing an undue burden and financial damages upon their employment and quality of life through the enforcement of Section II of the RSA. The court accepted the petition in an unanimous decision and heard oral arguments in April. A month later on May 4th, 2023, the court ruled 5-2 in favor of the government in Chapman v. Makko Oko, citing that while an undue burden was proven by the plaintiff, the need for security and defense far outweighed that of a private interest, adding that Section II was constitutional and a "just limitation" of the freedom of movement.
Coiyas Ti-qei v. Makko Oko
Coiyas Ti-qei was subjected to a vehicle search at a CEC checkpoint on October 24th, 2022 and their vehicle was a diplomatic vehicle belonging to Posadastan. The diplomat claimed that the officers gained access to confidential government files and that the search was conducted by intelligence officials for use against their government which His Emperor's Government strongly denied. After the Ministry of Diplomatic Affairs refused to intervene, on October 30th, the diplomat petitioned the Supreme Court for an emergency hearing and demanded that the officers and agencies involved hand over all documents to the government and to destroy any and all copies made of it. The court accepted the petition and heard arguments by both sides on November 4th, 2022, however a ruling would not be handed down until December 19th because of a revision made mid-way through discussions. They held 4-3 in a highly contentious ruling in favor of the government that the Constitution did not make diplomats immune to authorized government searches, however, they did agree that the diplomats' vehicle should not have been searched and ordered the government to turn over any and all documents pertaining to their government from the search over to them and to destroy any copies. Constitutional experts suggested that the ruling was hard to make partially due to the issue at hand of diplomatic immunity and just what they were immune from.
Coiyas Ti-qei v. Makko Oko did not change enforcement of the RSA on foreigners, instead only prohibiting law enforcement from duplicating, touching or seizing documents from diplomatic vehicles during a search, unless it can be proven that proof of a crime was on them.
Sections
Section I - Establishment of Public Identity System
Section I established what the government titled the "Public Identity System", establishing the Public Identity Card (PIC), the national ID and the Citizen's Employer Identification Permit, or CEIP. A CEIP verifies and authenticates employment at any entity located within the empire, and is required for ones' employment to be legal, helping to curb illegal and under-the-table employment. Finally, it established the Household Identification & Joinment System, or HIJS, which is a record of residents in ones home and is used to constantly keep up with a citizens' current residence.
Section II - Freedom of Movement
Section II restricted the freedom of movement for all persons subject to the laws of the empire. The freedom to travel to cities other than your own was restricted to where a law enforcement officer, under this section, has to permit you to leave your city of residence upon providing them with a reason deemed suitable by them. In addition, it defined the use of the CEIP in the freedom of movement, exempted government officials from this section and established the Public Identity Card as the document that establishes the resident city. Finally, it established that slaves were not permitted to leave their city without an escort from law enforcement or their owner, however, this article has not been enforced much since the Slaves Act was ratified.
Section III - Issuance of CEIP
Section III established how CEIP's are to be issued, with the CEIP in itself being established under Section I under the whole Public Identity System. It mandated that CEIP's expire immediately upon exit from employment and that they are to be renewed on a yearly basis, with only those signed with a notarized signature of a top official in the employer and a signature from a law enforcement officer deeming it valid.
Section IV - Non-Citizen Circumstances
Section IV sets out the specific circumstances and regulations for non-citizens, which were too subjected to this act. It set out that a non-citizen PIC could be proof of residency for a permanent resident, established a non-citizen CEIP to be renewed once every 6 months for foreign workers, and set out how Section II was to be enforced upon non-citizens.
Section V - Household Identification & Joinment System
Section V established the provisions for the implementation of the HIJS.
Section VI - Established Crimes
Section VI sets out crimes specific to the RSA and its establishments that would be enforced by the government, specifically the crimes of not holding a PIC, not holding a CEIP, having an invalid or out of date HIJS record, and in some cases leaving a city without proper authorization.
Enforcement
The RSA was enforced by the national government until the Act of Union 2027 was ratified, where enforcement of the RSA was handed off to the provinces with approval of the Privy Council and a regulation promulgated by the Minister of Internal Security. Currently, the RSA is enforced by the provincial governments and police services, while in the Phoenix Islands, the CCS still has enforcement authority. Section II of the RSA can be found enforced on roads near city limits, and there is usually one city entrance checkpoint, or CEC, per city, unless a road nears two or more city limits, then one or two CEC's can be used to cover those cities.
The Ministry of Energy, Infrastructure & Environment in collaboration with the Ministry of Internal Security has established a road sign that is displayed whenever one nears a CEC, and there is usually one lane for each lane on the road connected to it, with the typical setup being a three-lane exchange, with a small parking lot adjacent to it that you park in upon request of a presiding law enforcement officer. Emergency vehicles are allowed to bypass CEC's, and sometimes one may find a CEC with a dedicated emergency vehicles lane, however these are uncommon due to their abuse whenever they exist.
Section II enforcement took about a year and a half, with the last CEC being opened for operation on April 9th, 2024.
Penalties
Penalties for violating the act vary, with most violations of Section II leading to imprisonment. All CEC's display a sign in advance telling you of various crimes and what penalties you will receive for doing them, all of them directly in relation to the CEC and Section II. Sometimes the penalty sign will be different if a CEC is structured or operated differently to another one, for example, the crime of "Illegal Lane Usage" is mainly applicable to checkpoints that have a dedicated emergency vehicle lane, and as such is seen rarely on penalty signs. The fine for illegal lane usage was set at IDH$300 upon the start of enforcement, however, due to rapid abuse and carelessness of the fine, the government increased it to IDH$600, then six months later to the current amount of IDH$700 where it has remained ever since.
The signs are subject to law enforcement's discretion, which is what the sign says on the bottom, also referencing the fact that it is a non-exhaustive list. Outside of the checkpoints, the government enforces crimes including forging a CEIP or not having a PIC, and 99% of crimes under this statute lead to imprisonment.
Full Text
SECTION I - ESTABLISHMENT OF PUBLIC IDENTITY SYSTEM
ARTICLE I - This legislation shall officially establish the public identity system, and this section of this legislation is to define all parameters etc. of said system.
ARTICLE II - The Ministry Of Internal Security is to create and manage the Public Identity Card (PIC) which is to be used as the national ID of all citizens of the nation.
ARTICLE III - The PIC is to be mandatory for all citizens over the age of 10, and is to contain all information surrounding the individual in question, including constitutionally established citizenship requirements.
ARTICLE IV - A Citizen's Employer Identification Permit (CEIP) is to be established under the public identity system to be managed by the Civil Control Service and its local offices.
ARTICLE V - The CEIP is mandatory for all citizens with whom are employed at any organization, government or not, within the nation.
ARTICLE VI - The Household Identification & Joinment System (HIJS) is to be established under the public identity system to be managed by the Ministry Of Internal Security.
SECTION II - FREEDOM OF MOVEMENT
ARTICLE VII - Under this legislation, no citizen of the nation may freely exit their city and travel to another one without a valid reason to be provided to law enforcement.
ARTICLE VIII - The PIC is to establish official place of residence for free movement within the city it stipulates. Outside travel requires notice and approval to law enforcement.
ARTICLE IX - For purposes of work, the CEIP is required along with the PIC for authorization of movement.
ARTICLE X - Slaves may not be out on their own, unless they are freed, and may not travel to other cities without an escort from law enforcement or their owner.
ARTICLE XI - Government officials, including national law enforcement officers, shall enjoy the freedom of movement and are to be exempted from articles VII, VIII and IX.
ARTICLE XII - Under a curfew, the freedom of movement is to be highly restricted and only granted to citizens of our nation under extreme circumstances, and are the exception to articles VI and VII.
SECTION III - ISSUANCE OF CEIP
ARTICLE XIII - The CEIP may only be issued with a notarized signature from a top official within the place of employment and a signature from a law enforcement officer.
ARTICLE XIV - CEIP's are to be renewed on a yearly basis, and upon exit from employment, are to immediately expire.
ARTICLE XV - Forgery or lying regarding the status of a signing official of a CEIP are to be classified as crimes under this here article.
SECTION IV - NON-CITIZEN CIRCUMSTANCES
ARTICLE XVI - Any individual who is a foreigner but has permanent residency, is to be granted a non-citizen PIC and they are to hold onto it as proof of legal residency, in conjunction with the permanent residency certificate (PRC).
ARTICLE XVII - Any individual who is a foreigner and has authorization to work, shall, upon receiving employment at an organization within the nation, be issued a non-citizen CEIP that is to be renewed every 6 months, in exception to Article XII. Upon exit from employment, the CEIP shall immediately expire.
ARTICLE XVIII - Visitors and foreigners without permanent residency nor authorization to work, shall have the freedom of movement, but must provide their passport, visa (if any) and state the nature of business for the place traveling to.
ARTICLE XIX - Under a curfew, any visitors and foreigners without permanent residency nor authorization to work, shall require a police escort to enjoy the freedom of movement.
ARTICLE XX - Article III is not applicable to foreigner children and as such, if a PIC is to be granted, the foreigner child, no matter the age, shall also receive one and must hold onto it.
ARTICLE XXI - Visitors and foreigners without permanent residency nor authorization to work, shall register their temporary residence (Ex. hotel), within the HIJS system under this article.
SECTION V - HOUSEHOLD IDENTIFICATION & JOINMENT SYSTEM
ARTICLE XXII - The HIJS is a system of household security and identification and all citizens of the nation must register their homes, rather apartment, house, RV, with the HIJS. The HIJS is used to verify where individuals live, and contains their homes, their addresses, their owners, their landlords and their tenants (people living in the residence).
ARTICLE XXIII - This legislation shall mandate that home owners and landlords update the HIJS record of their residence whenever the tenant situation is to change, such as a person moving in or out.
ARTICLE XXIV - All HIJS record changes are to be signed and vetted by the landlord in front of a notary before they are to be official and confirmed.
ARTICLE XXV - Upon request from a law enforcement officer, a tenant or owner of a residence is to provide their local copy of their HIJS, for vetting and cross verification on the national database.
SECTION VI - ESTABLISHED CRIMES
ARTICLE XXVI - As stipulated in these subarticles, unless stipulated in other parts of this legislation, the following are defined as crimes.
ARTICLE XXVI.A - Not holding a Public Identity Card or a Citizen's Employer Identification Permit is hereby established as a crime.
ARTICLE XXVI.B - Having an invalid, out of date or lack of a Household Identification & Joinment System record is hereby established as a crime.
ARTICLE XXVI.C - Leaving a city without proper authorization is hereby established as a crime.
ARTICLE XXVII - The Ministry Of Internal Security may establish more related crime provisions as seen fit.
